Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Highway authority definition

What does Highway authority mean? In legal practice, a highway authority is the public body responsible for maintaining and managing the public highway network. In England and Wales it is defined in legislation, chiefly the Highways Act 1980: county councils, metropolitan district and London borough councils are highway authorities for most roads; Transport for London is highway authority for certain London roads; the strategic highways company (National Highways), under the Infrastructure Act 2015, is highway authority for motorways and trunk roads in England, and the Welsh Ministers for trunk roads in Wales. Key features include the section 41 duty to maintain highways maintainable at public expense...

Precedent particulars of claim: pothole injury against highway authority — negligence, nuisance and breach of s.41 Highways Act 1980 (England and Wales)

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Precedents

In the county court at [ insert ]

Claim No:

Between A B, Claimant, and X Y, Defendant

Particulars of claim

At all material times, the Defendant was the Highway authority with responsibility for [ insert street name, town, county ], being a highway as defined by the HiA 1980.
At about [ insert time ] on [ insert date ], the Claimant was lawfully proceeding along the pavement on the [ right OR left ] side of the highway. Whilst walking, their foot went into a pothole outside [ insert house number/name of business/name of landmark nearest pothole ], causing a trip and a fall to the ground, resulting in injury.
The incident was caused by, or contributed to, the Negligence and/or breach of statutory duty of the Defendant, together with that of its employees or agents acting in the course of their employment...

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Web page updated on 22/05/2026

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